People v. Houser

Appellate Division of the Supreme Court of New York

People v. Houser

216 A.D.2d 122, 629 N.Y.S.2d 207, 1995 N.Y. App. Div. LEXIS 6604

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 20, 1995

StatusPublished

This text of 216 A.D.2d 122 (People v. Houser) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Houser, 216 A.D.2d 122, 629 N.Y.S.2d 207, 1995 N.Y. App. Div. LEXIS 6604 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered February 4, 1993, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 21/2 to 5 years, unanimously affirmed.

Defendant’s claim that the People did not prove that he knew the weight of the drugs he possessed was not preserved by objection to the jury charge (People v Gray, 86 NY2d 10), and we decline to review it in the interest of justice. In any event, defendant’s knowledge of the weight of the drugs was proven by the evidence showing how he sold the drugs and the amount he possessed (People v Miller, 209 AD2d 187, lv granted 84 NY2d 1017). Concur—Kupferman, J. P., Ross, Asch, Nardelli and Tom, JJ.

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Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered February 4, 1993, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 21/2 to 5 years, unanimously affirmed.

Defendant’s claim that the People did not prove that he knew the weight of the drugs he possessed was not preserved by objection to the jury charge (People v Gray, 86 NY2d 10), and we decline to review it in the interest of justice. In any event, defendant’s knowledge of the weight of the drugs was proven by the evidence showing how he sold the drugs and the amount he possessed (People v Miller, 209 AD2d 187, lv granted 84 NY2d 1017). Concur—Kupferman, J. P., Ross, Asch, Nardelli and Tom, JJ.

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Bluebook (online)

216 A.D.2d 122, 629 N.Y.S.2d 207, 1995 N.Y. App. Div. LEXIS 6604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-houser-nyappdiv-1995.

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